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What You Need To Know About Lawyers

Tip: If you are considering a divorce, consult as many top attorneys in your area as possible. Anyone with whom you speak is then barred from representing your spouse.

When do I need an attorney?

We advise everyone to talk to a lawyer from the beginning. Don't assume you don't need one even if you haven't been married long and don't think you have significant assets or debts to divide. The more assets in the marriage to dispute, the greater the need for professional advice. Divorce tends to become more adversarial as it moves forward. Read on to get tips about selecting a lawyer, questions to ask a divorce lawyer, cost-issues and much more.

How do I select an attorney?

  • Shop around after consulting friends and relatives.

  • Ask the local bar association, women's bar association or women's associations for referrals.

  • Do not use an attorney with any connections to your spouse.

  • Consult with several lawyers until you find one in whom you have the most confidence.

  • Do not limit your search to your immediate area. A lawyer whose practice is elsewhere may feel freer to push the court hard for what you want.

  • Ask about consultation fees in advance. The first visit may be free or cost over $200 an hour.

  • Find out how long the lawyer has practiced, background in family law, whether the lawyer can represent your views and his or her caseload.

  • If your expect your spouse to fight the divorce, find out about the lawyer's trial experience and how many appeals the lawyer has handled.

How can I know what the attorney will cost?

  • Determine upfront how much the divorce will cost and how often you will be billed.

  • Find out if you can pay a set amount a month if you cannot pay the whole bill.

  • Ask what will happen if you get behind in payments.

  • Ask if you will also be charged for other services like phone calls and messages left on an answering machine.

  • Find out what work your attorney will do and what work may be farmed out to others in or outside the firm and at what cost to you.

  • Ask about any other fees you should expect to pay.

  • If you must pay a retainer (a deposit), ask how much it will be, exactly what it will cover, what happens when it is used up and whether any unused portion will be returned if you decide not to go ahead with the divorce.

  • Keep a copy of your written retainer agreement along with all correspondence and court papers in your case.

  • See if your attorney is willing to ask the court to order your spouse to pay your attorney fees.

  • Ask if the attorney will wait until the divorce is over for payment.

Where can I get an attorney free or for little cost?

  • Check with your local legal services office, legal aid office or law school clinic to see what free services are available in your area. Many free lawyers are excellent and free legal programs are a great resource for legal advice and help with legal forms.

  • Consider mediation, particularly if free mediators are provided at your courthouse.

  • Contact your local women's center or bar association to see if any attorneys in private practice will handle your case for free, permit you to exchange work for representation or agree to charge a reduced rate.

  • Ask the court to have your spouse pay your attorney's fees. You may have to do this when you file your divorce complaint or answer your spouse's complaint. In your fee petition, you must state you are unable to afford the divorce fees but that your spouse can.

What should I expect from my attorney?

  • To advocate competently and zealously for your interest.

  • Keep you informed about the progress of your case.

  • Give clear answer to your questions.

  • Return your phone calls within a reasonable amount of time.

  • Have good listening skills.

How can I get the most out of my attorney?

  • Be on time for appointments.

  • Reschedule or cancel well in advance.

  • Bring whatever information or documents your attorney has requested.

  • Write out your questions before phoning or visiting.

  • Use the secretary or receptions for basic information like how to get to the courthouse and schedules of appointments and court dates.

  • Listen carefully to what your attorney tells you.

  • If you are not ready to decide or act, tell the attorney you will think about it and call back.

  • Avoid bringing children to the lawyer's office.

  • Limit your conversations to discussions of legal rights and options. If you need supportive services, ask your attorney to help you find a trained therapist or counselor.

  • Keep a telephone log of all calls between you and your attorney and you and your spouse with summaries of each.

What if I am dissatisfied with my attorney?

If you decide your attorney is not acting in your best interest before you go to trial, you pay what you owe up to that point and engage another attorney. After you go to trial, the process is more difficult. Be sure to discuss fees in detail before you hire the attorney and review each bill. If you feel you are being overcharged, you can take your concerns to professional organizations of attorneys. If you feel your attorney is being unethical, you can file a complaint with the Lawyers Disciplinary Agency, which has offices in every state. For more information about handling problems with your attorney, visit http://lawyers.com. Screening attorneys before you choose one will help you avoid such problems.

The American Academy of Matrimonial Lawyers is a rich resource of information including a referral service and a client's manual that details the whole divorce process.

Other sources for finding lawyers:

American Bar Association Referral Service

http://www.abanet.org/referral/home.html

Finding Professionals In Your Area

http://www.divorcesource.com/info/professionals/professionals.shtml

     

Actions When Divorcing

What To Do First
 
3 Ways to End Your Marriage
 
Learn Your Divorce ABC's
 
What You Need To Know About Lawyers
 
How To Avoid A Court Trial
 
If You Choose Mediation
 
If You Choose Arbitration
 
If You Choose Collaborative Law
 
How To Prepare For Alternative Dispute Resolution
 
If You Choose To Go To Trial
 
"Knowledge Is Powerful" Check List
 
Who Gets What Where
 
Know What Your Marriage Is Worth
 
Pensions: 12 Worst Mistakes Lawyers Make
 
7 Key Questions To Ask About Retirement Benefits
 
Divorce and the Military
 
Hidden Assets and How To Find Them
 
Taxes And Divorce
 
Divorce and Dividing Debt
 
When To File For Bankruptcy
 
Protect Your Credit Rating
 
Alimony
 
What About Your Children?
 
Emergency Court Orders
 
Appealing or Modifying Your Final Divorce Decree
 
Financial Transitions of Divorce
 
Divorce and Hard Assets
 
Divorce and Soft Assets
 
 

10 Ways To Feel Better Fast
 
How Friends And Family Can Help
 
Join A Group
 
Handle 'Divorce Anger'
 
Keep a Journal
 
Do You Need A Religious Divorce?
 

Ways To Move On